KEMPTON v. DUGAN

No. WD 66368.

224 S.W.3d 83 (2007)

Mark KEMPTON, et al., Respondents, v. W. David DUGAN, et al., Appellants.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 1, 2007.

Application for Transfer Denied June 26, 2007.


Attorney(s) appearing for the Case

Lee H. Bushie, Rolla, MO, for Appellants.

Susan F. Robertson, Dale Reesman, Wade H. Ford, Jr., Columbia, MO, Co-Counsel for Respondents.

Before SMART, P.J., EDWIN H. SMITH and HARDWICK, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 1, 2007.

LISA WHITE HARDWICK, Judge.

This appeal arises from a judgment granting specific performance for the distribution of trust assets based on an alleged oral agreement. We reverse, finding that the trial court erred in considering parol evidence of an oral agreement without determining that the terms of the trust were ambiguous.

I. FACTUAL AND PROCEDURAL HISTORY

William...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases